Fired on an L1 Visa? A Complete Guide to Your Next Steps

Fired on an L1 Visa: The Bottom Line Up Front

Getting fired on an L1 visa can feel like the ground has disappeared from under you. The primary takeaway, however, is this: you are not required to leave the United States immediately. Thanks to specific regulations, you likely have a grace period of up to 60 consecutive days to figure out your next steps. This period is a critical window of opportunity, but it closes quickly. Navigating this complex situation requires a clear understanding of your options, your former employer’s obligations, and swift, decisive action. This guide will provide a detailed, in-depth analysis of what happens if you are terminated while on an L1 visa and the strategic paths you can take.

Disclaimer: This article provides detailed information for educational purposes. It is not legal advice. Immigration law is complex and individual situations vary greatly. You should consult with an experienced immigration attorney to discuss your specific circumstances.

The Immediate Aftermath: Understanding the 60-Day Grace Period

The moment you’re informed of your termination, the clock starts ticking. The most crucial concept to understand is the 60-day grace period, a provision under U.S. immigration regulation 8 CFR 214.1(l)(2). Let’s be honest, this rule is a lifeline for many non-immigrant workers, including those on L1, H1B, and O-1 visas.

What Exactly is the Grace Period?

The grace period allows a non-immigrant worker who has been laid off to remain in the United States for up to 60 consecutive days from their last day of employment, or until their existing I-94 expires, whichever is shorter. This is a critical distinction. If your I-94 is set to expire 30 days after your termination, then you only have 30 days, not 60.

• When it Starts: The 60-day count begins on the day *after* your official last day on the payroll. It’s essential to get this date in writing from your HR department.
• What You Can Do: During this period, you can legally remain in the U.S. to get your affairs in order, seek new employment sponsorship, or file for a change of status.
• What You CANNOT Do: You are not authorized to work during this grace period. Your L1 status is tied directly to your employment with the sponsoring company. Once that employment ends, your authorization to work for that company is void. Starting a new job before a new petition is approved can have severe consequences.

What About My L2 Dependents?

If you have a spouse or children in the U.S. on L2 visas, their status is directly tied to yours. When your L1 employment is terminated, their L2 status is also impacted. They are covered by the same 60-day grace period. Critically, if your L2 spouse held an Employment Authorization Document (EAD), their right to work also ends with your job termination. They cannot continue working during the grace period.

Your Former Employer’s Legal Obligations

While you are scrambling to figure out your future, your former employer also has specific responsibilities they must fulfill following your termination. Understanding these can be helpful, especially regarding your departure logistics.

Notification to USCIS

Your employer is legally required to notify U.S. Citizenship and Immigration Services (USCIS) that your employment has been terminated. They do this by sending a formal letter of withdrawal for your L1 petition. This action officially informs the government that the basis for your visa status no longer exists and effectively starts the countdown on your legal stay.

Reasonable Cost of Return Transportation

This is a frequently misunderstood but important obligation. If you are fired before your authorized L1 period of stay ends, your employer is responsible for paying the “reasonable cost of return transportation” to your last place of foreign residence.

• What it Covers: This generally means a one-way, economy-class plane ticket for the L1 visa holder only.
• What it Doesn’t Cover: It does not cover the travel costs for your L2 dependents, nor does it cover the cost of moving your personal belongings or household goods.
• How to Claim It: This is not automatic. You must make a formal request, preferably in writing, to your former employer (usually the HR department). If the employer refuses, it can be a point of leverage, but enforcing it may require legal assistance. It’s important to note that this obligation is voided if you voluntarily resign or if you find another job and stay in the U.S.

Your Immediate To-Do List: The First 48 Hours

Panic can set in quickly, but a methodical approach is your best defense. In the first couple of days after being fired from your L1 visa job, focus on these critical tasks.

1. Confirm Your Termination Date: Get written confirmation from your employer of your official last day of employment. This date is the anchor for your 60-day grace period calculation.
2. Gather Your Immigration Documents: Collect every document related to your U.S. immigration status. This is your survival kit. You will need:
   • Your passport with the L1 visa stamp.
   • Your most recent Form I-94 Arrival/Departure Record.
   • All Form I-797 Approval Notices for your L1 petition.
   • Your three most recent pay stubs as proof of prior employment.
   • Your Social Security card.
   • Copies of your L1 visa petition filings, if you have them.
   • Similar documents for all L2 dependents.
3. Consult an Immigration Attorney Immediately: This is not a “nice to have”; it is an absolute necessity. An experienced immigration lawyer can assess your specific situation, confirm your deadlines, explain the risks and benefits of each option, and help you file any necessary applications correctly and on time.
4. Assess Your Finances: Understand your financial runway. How long can you support yourself and your family without an income? This will heavily influence which options are viable for you. Factor in potential costs for legal fees, application fees, and daily living expenses.

Navigating Your Options Within the 60-Day Window

The 60-day grace period is your time to act. Your primary goal is to secure a new lawful immigration status before the period expires. Here are the main pathways available to you, from most to least common.

Option 1: Find a New Sponsoring Employer

This is often the most desirable option as it allows you to continue working in the U.S. However, it’s not as simple as just finding any job.

Find a New L1 Sponsor

This is extremely rare and difficult. To qualify for an L1 visa “transfer,” your new employer must have a qualifying corporate relationship (parent, subsidiary, affiliate, or branch) with the same overseas company you worked for before your first L1 visa. For most people, this isn’t a practical option unless they are being moved between entities of a very large multinational conglomerate that is different from the one that just laid them off.

The More Common Path: Change Status to H-1B

A far more realistic scenario is finding a new employer willing to sponsor you for an H-1B visa. If you have been previously counted against the H-1B cap (i.e., you’ve held an H-1B in the past six years), your new employer can file a “cap-exempt” H-1B petition for you at any time of the year.

• The Process: The new employer must file a Labor Condition Application (LCA) and then file Form I-129, Petition for a Nonimmigrant Worker, with USCIS on your behalf.
• Timing is Everything: This entire process must be initiated and the petition *filed* before your 60-day grace period ends. You do not need the petition to be *approved* within the 60 days, only filed. Once it is filed, you can legally remain in the U.S. while it is pending.
• A Note on Portability: H-1B rules allow you to start working for the new employer as soon as USCIS receives the petition. However, given you are out of status after the grace period, many attorneys advise waiting for the petition to be approved to avoid complications if it is ultimately denied.

Option 2: File for a Change of Status (COS)

If finding a new job sponsor within 60 days seems unlikely, you can file to change your status to a different non-immigrant category. This can act as a “bridge” to give you more time in the country legally.

Change of Status to B-2 Visitor

This is a very common strategy. By filing a Form I-539, Application to Extend/Change Nonimmigrant Status, you can request to change your status to B-2 (Visitor for Pleasure).

• The Goal: The purpose is not for a vacation, but to have a legal basis to remain in the U.S. to wrap up your personal affairs. This could include selling a car, breaking a lease, or allowing children to finish a school semester.
• Important Caveat: You cannot work or even actively look for a job while in B-2 status or while a B-2 application is pending. The intent must be to act as a visitor. If USCIS suspects you are using the B-2 status to simply buy time to find a job, they will deny the application.
• The Filing: You must file the I-539 before your 60-day grace period expires. As long as it is timely filed, you can remain in the U.S. while it is pending.

Change of Status to F-1 Student

If you’ve considered pursuing further education, a layoff could be an opportunity to do so. To change to F-1 status, you would first need to apply to and be accepted by a SEVP-certified school. The school would then issue you a Form I-20, which is required to file the Form I-539 for a change of status to F-1. This process can be lengthy, so you must act extremely fast to get the I-20 and file the application within your 60-day window.

Option 3: Depart the United States

This is the most straightforward, though often the most painful, option. To preserve your future eligibility to return to the U.S., it is absolutely critical to depart before your grace period ends.

The Dangers of Overstaying: “Unlawful Presence”

If you remain in the U.S. one day beyond your 60-day grace period (or your I-94 expiration date) without having filed a change of status or new employment petition, you begin to accrue “unlawful presence.”

• Accruing 180+ days of unlawful presence can result in a 3-year bar from re-entering the United States.
• Accruing 365+ days of unlawful presence can result in a 10-year bar from re-entering the United States.

These bars can have a devastating impact on your future immigration prospects. Avoiding them should be your top priority.

Table: A Comparison of Your Primary Options

Frequently Asked Questions About L1 Visa Termination

Here are answers to some more specific questions you might have after being fired on an L1 visa.

Does receiving severance pay extend my L1 status or grace period?

No. This is a common and dangerous misconception. Severance pay is a financial agreement between you and your former employer. It has no bearing on your immigration status. Your status is tied to the last official day of *employment*, not the last day you receive a payment.

Can I travel outside the U.S. and re-enter during the grace period?

Generally, no. The 60-day grace period is designed for you to remain inside the U.S. to pursue other options. Your L1 visa stamp is tied to your former employer. If you leave, a Customs and Border Protection (CBP) officer at the port of entry is highly unlikely to readmit you on a visa linked to a job you no longer have.

What if I have an approved I-140 (Immigrant Petition) from my old job?

Having an approved I-140 is a significant advantage. If an I-140 from your former employer has been approved for more than 180 days, it remains valid even after you leave that job. This means you can “port” that priority date to a new employer who sponsors you for a green card in the future. It could also potentially make you eligible for H-1B extensions beyond the usual 6-year limit with a new employer. This is a complex area where an attorney’s advice is indispensable.

What if my L2 spouse finds a job and can get an H-1B visa?

This is an excellent potential solution. If your L2 spouse qualifies for an H-1B visa and finds a sponsoring employer, they can become the primary visa holder. If their H-1B petition is filed and approved, you could then file to change your status to H-4 dependent. This would allow you both to remain in the U.S. legally.

Conclusion: Take Control by Acting Quickly and Seeking Help

Being fired while on an L1 visa is undoubtedly a stressful and destabilizing experience. However, it is not the end of the road. U.S. immigration law provides a crucial, albeit brief, window for you to take action.

Your strategy must be built on three pillars: speed, information, and professional guidance. Understand that the 60-day clock is unforgiving. Use the information in this guide to recognize your available pathways. And most importantly, engage an experienced immigration attorney the moment you are terminated. They can provide the personalized strategy you need to navigate this challenge, protect you from pitfalls like unlawful presence, and give you the best possible chance of achieving your desired outcome, whether that is finding a new role, changing your status, or planning an orderly departure. You are in a tough situation, but you still have agency. Use it wisely.